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即時取得とは何か -｢盗品｣の意味から- The Meaning of the Immediate Acquisition in CIVIL LAW - following up the clue of "Stolen Goods"- 西台, 満 NISHIDAI, Michiru 即時取得 盗品 immediate acquisition civil law According to the common opinion, the provision for the immediate acquisition contributes entirely to the security of transactions. Therefore, both lost and stolen goods which are excluded as the exceptions to the acquisition should be understood as narrowly as possible. But the opinion seems to me to fail to explain why the goods which were swindled or put in charge can not be the exceptions. It is not always true that those who lost their properties or had them stolen were not careless, on the other hand, those who suffered damage from conversions or frauds were careless. So, my conclusion is that all properties which got out of the control of an owner against his will should be replevied. The immediate acquisition is a rule of the presumption of ownership for the present possessor, but not a rule of the investment of ownership. 秋田大学教育文化学部 2002-03-20 jpn departmental bulletin paper VoR http://hdl.handle.net/10295/873 https://air.repo.nii.ac.jp/records/1043 1348527X AA11458593 秋田大学教育文化学部研究紀要 人文科学・社会科学 Memoirs of Faculty of Education and Human Studies, Akita University. The humanities & the social sciences 57 31 40 https://air.repo.nii.ac.jp/record/1043/files/nishidai2.pdf application/pdf 939.3 kB 2017-02-16